Leading telco Safaricom came out to strongly any involvement in the arrest and subsequent death of Albert Omondi Ojwang, whose demise in police custody has sparked national outrage and political uproar.
In a statement issued by the telco’s CEO Peter Ndegwa on Wednesday, Safaricom expressed deep concern over remarks made by former Attorney General and ex-Public Service Cabinet Secretary Justin Muturi, who allegedly linked the company to Ojwang’s arrest by implying that it may have provided sensitive data to security agencies.
“On the onset, Safaricom wishes to express our deepest condolences to the family and friends of the late Albert,” Ndegwa said in the statement.
“At no point was there any contact between Safaricom and any security agency in investigating or arresting the late Albert,” he stated unequivocally, adding that the company only learned of the arrest through media reports.
Ojwang, a 31-year-old social media commentator, died in police custody under circumstances that have drawn sharp scrutiny from rights groups, opposition politicians, and the general public.
His death, since ruled a murder after an autopsy report dismissed police claims of a suicide, has been viewed by many as yet another case of extrajudicial killing, triggering calls for accountability.
Safaricom, Kenya’s largest telecommunications provider, is often relied upon by law enforcement for access to communication data in criminal investigations, but the company has always maintained that such access is tightly controlled and guided by law.
The telco urged Kenyans to “ignore any attempts to incite them” and instead demand transparency and accountability from the relevant authorities.
“We are concerned and disturbed by the remarks by Justin Muturi linking us to this unfortunate incident,” Ndegwa said, urging leaders to advocate for “a credible, transparent and timely investigation” to uncover the truth and deliver justice for Ojwang and his family.
The company also reassured its customers of its long-standing commitment to data privacy and security, stating, “We have always been safe and secure in how we handle their data, and we will continue to do so now and in the future.”
The Communications Authority of Kenya echoed Safaricom’s position in a statement, dismissing as false the claims circulating on social media that it provided location data to law enforcement.
“We note with grave concern the misleading claims on social media platforms alleging that CA provided data on the whereabouts of the deceased to law enforcement. This position is factually erroneous. We categorically distance CA from any involvement whatsoever on this matter,” the CA said.
The CA clarified that it does not have access to real-time location data of mobile subscribers and does not initiate or participate in operational data use by licensees.
“CA is a regulator and does NOT have access to real-time location data of mobile subscribers. Further, the Authority does not initiate, direct, or participate in the operational use of data held by our licensees,” it added.
CA noted that any request for data from security agencies must be legally sanctioned.
“Any request for data from law enforcement agencies is governed by strict legal provisions that include judicial oversight and is limited to instances where there is a valid court order or lawful request as per the law,” it said.
The authority said it operates under the Kenya Information and Communications Act, 1998, with its role confined to oversight and compliance. Its mandate includes regulating broadcasting, telecommunications, cybersecurity, electronic commerce, postal and courier services, and multimedia.
“While CA is deeply saddened by the death of Mr Ojwang and the circumstances surrounding it, we fully support calls for a transparent and impartial investigation into the matter,” the CA said.
The remarks follow accusations made by opposition political leaders, including Muturi, who alleged that the two entities were complicit in the controversial arrest and subsequent death of Ojwang. “We are also aware that Safaricom is complicit and a facilitator in the tracing and abduction of Kenyans who have either ended up dead or maimed in the hands of police like Albert Ojwang,” Muturi said on Wednesday.
“We want to issue a direct warning that this amounts to aiding and abetting the commission of these crimes against humanity for which Kenyans will hold Safaricom responsible and either take appropriate legal action or boycott their services.”
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